Back
KARNATAKA HIGH COURT
S.VISHWAJITH SHETTY, J
SHIVALINGAPPA S/O BHIMAPPA KERKALMATTI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. petitioners seek reversal of the impugned order. (Para 1) |
| 2. court hears submissions from both parties. (Para 2) |
| 3. fir leads to investigation and filing of the final report. (Para 3) |
| 4. court reiterates importance of procedural adherence in law. (Para 4) |
| 5. court finds violation of procedures by the magistrate. (Para 5) |
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
2. Heard the learned Counsel the parties.
4. A coordinate bench of this Court in the case of Dr. Ravikumar Vs Mrs. K.M.C.Vasantha ( Crl.P.No.536/2017 – disposed of on 27.11.2017), has laid down the procedure to be followed by the court before which a ‘B’ final report is filed. In paragraph 5 of the said order, it is observed as under:
i) The court after going through the contents of the investigating papers, filed u/s 173 of Cr.P.C., is of the opinion that the investigation has not been done properly, the court has no jurisdiction to direct the Police to file the charge sheet however, the Court may direct the Police for re or further investigation and submit a report, which power is inherent under section 156(3) of Cr.p.c, but before taking cognizance such exercise has to be done. This my view is support
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
